Family Law & Divorce
Child Related Issues
What if My Spouse and I Have an Illinois Prenuptial Agreement and Want a Divorce?
Before you and your spouse's prenuptial agreement can be enforced, it needs to be inspected for the validity and enforceability of the mentioned agreements in the document. Some of these can be challenged in one form or another. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we can assist you, whether you are calling your prenuptial agreement into question or want clarification when drafting one.
Prenups can be challenged under what is called the Illinois Uniform Premarital Agreement Act because there are prenuptial agreements that are not enforceable or valid in certain circumstances. Even if the prenuptial agreement passes the challenges made towards it, there could still be aspects that fail to disclose some marital assets. A common issue that occurs is the failure to provide what assets were accumulated before and after the date of marriage. This is just one of many possible problems.
If one of the spouses will receive a disproportionate amount of the assets that is not equitable, the court may not rule in favor of the marital agreement. This often happens when one spouse does not reveal all of their assets and debts before signing the agreement. It is important to remember that prenuptial agreements can be brought into question even if it seems like you and your spouse thought of everything in the legal planning process before marriage.
At MKFM Law, we have been assisting clients during divorce and other family law cases for decades. We understand the sensitivity and the knowledge required to provide the best representation. If you and your spouse have questions regarding your prenuptial agreement, please contact us so we can set up an appointment. Whether you live in Kendall, Kane, or DuPage County, please give us a call at 630-665-7300, so we can help you right away.
New Expungement Law 2017: Can I Get an Expungement if I Have a Prior Conviction?
As of January 1, 2017, Illinois law has changed in regards to expungement. Under this new law, if you wish to expunge a case from your criminal record, but have a prior conviction or convictions, you potentially have the opportunity to petition to have an eligible offense expunged. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we can examine your case and help determine if this is the best plan of action for your situation.
Before 2017, Illinois law stated that if you had any prior convictions that are not minor offenses (such as traffic offenses) you would not be permitted to expunge any new cases from your record. This method was very much an “all or nothing” way to handle cases, which made it difficult for any repeat petitioners who may have deserved to have a new case expunged. With the latest change, it opens up a whole new life for those with a criminal record if you have an expungeable offense.
Another law that was amended in 2017 was the Juvenile Court Act of 1987. In Illinois, the revision expands opportunities for juveniles who have criminal records for nonviolent offenses to be expunged. In the past, only a select set of cases were eligible and any expungements had to wait until the individual turned 21. Now, the processes has been sped up to as soon as proceedings have concluded.
There are a great number of other details that come into effect with these new laws. At Mirabella, Kincaid, Frederick & Mirabella, LLC, you can contact us to set up an appointment to help explain what you need to know regarding your case. We have helped clients for a number of years in DuPage, Kendall, and Kane Counties. Do not hesitate to call our offices at 630-665-7300 so we can see if our office is the best fit for you.
The Courts Divide All Property 50/50 in Illinois, Right?
According to Illinois law, the court divides property based on what is equitable and not on an equal or 50/50 basis for a divorce. There are many factors that are considered by the court, and our team at Mirabella, Kincaid, Frederick & Mirabella, LLC can help explain what you need to know in regards to your property being divided following a divorce.
When the law says "equitable," it means what is fair under the circumstances of the divorce. Factors the court considers examining are the non-marital property of each party, the age and health of each party involved, as well as the income of you and your ex-spouse. Cases have ranged in division to fall into 60/40 or 70/30 splits or possibly even all allocation of property going to just one of the spouses. Although it is never always the case, there have been instances where courts came to the conclusion that 50/50 or equal division of property turns out to be what is equitable or fair to both parties.
According to Illinois law, it does not matter what happened to cause the divorce such as "marital misconduct." The courts do not divide property or debts on whether or not your ex-spouse destroyed the relationship at all. In addition, when accessing how much property goes towards each spouse, the court will address if one of the spouses has financial commitments to a previous spouse from a different marriage.
There are a number of other factors that can play into the property division during your divorce. Contact MKFM Law so that you can set up an appointment with our attorneys. We can guide you in making decisions on property division, parental responsibility, spousal maintenance, or any other divorce-related legal questions you may have. Our office is located in Wheaton, Illinois, and we have assisted families for decades in the DuPage, Kane, and Kendall County areas. Call us at 630-665-7300 so that we can get started on your case today.
My Spouse and I are Still Living Together. Does This Mean We Cannot File for Divorce Under Irreconcilable Differences Because We Have Not Lived Separate and Apart?
Under traditional Illinois law, it was required there is a basis or grounds for any divorce. As of January 1, 2016, the state has moved to eliminate what are called "at-fault grounds." It also eliminates any requirement that you and your spouse must to live apart or separate for a certain period of time. At Mirabella, Kincaid, Frederick & Mirabella, LLC our team is here to help explain the differences in the law and how this may affect your situation.
Before 2016, Illinois was a state that accepted filing for both fault grounds and no-fault grounds for divorce. A fault ground could have included if one of the spouses committed adultery, had extreme repeated mental cruelty, physical cruelty, or habitual drunkenness. The law also required that spouses have a period of time where they lived apart or separate. These are dated concepts that couples no longer have to worry about any longer.
This old concept would also typically find one of the spouses “innocent.” Now, either spouse can file for the divorce because no single person is considered at fault for the marriage. With the state now following a no-fault ground policy, it means divorces will be filed citing "irreconcilable differences." This term means that when a marriage has reached a point of dissolution and it can no longer be repaired it may be ended.
If you need any of these newly established laws clarified, please contact us to setup an appointment with a skilled attorney at Mirabella, Kincaid, Frederick & Mirabella, LLC. Our offices are in Wheaton and St. Charles, where we have been assisting clients in family law, divorce, and various other areas for decades. We have clients come from all over DuPage, Kane, and Kendall Counties for legal assistance. Call us at 630-665-7300 for help with your situation today.
Do Mothers Always Get Residential or Primary Allocation of Parental Responsibility?
Mothers receiving more parenting time with their children certainly does not always happen. However, it does occur in many cases but is not a guarantee by any means. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we can help find what allocation of parental responsibilities (formerly known as child custody) arrangement best suits your family.
Oftentimes, in these types of cases, we see that both members of the dissolving marriage come to an agreement. Usually, one of the parties has more parenting time with the children than the other. In some cases decided by the court, a majority or significant amount of parenting time can be awarded to the parent who was the primary caregiver of the children during the course of the marriage. Over the years, that has more so been the mother, but that is entirely on a case-by-case basis.
We have also seen plenty of cases where it was deemed more appropriate for the father to have more parenting time. Another option is that both parents are awarded nearly equal time for parenting with their children. All options have been handled by the team at MKFM Law, and we want to make sure we fight for whatever scenario is not only best for you, but for your child to be given the adequate care they deserve.
At MKFM Law, we believe that an informed client is better able to make effective decisions. That means we take the time to educate you about the legal process. We can answer any questions you may have regarding any family law or divorce matter. For decades we have assisted parents going through divorce in DuPage, Kane, and Kendall Counties. Contact us to set up a consultation by calling 630-665-7300. You can find our office located at 1737 South Naperville Road, Suite 100 in Wheaton, Illinois.